Terms and Conditions
This page states the Terms and Conditions under which you may use the Dynamic Stone Web site (the “Site”). Dynamic Stone LLC (“Dynamic Stone”) may update this posting and may modify these Terms and Conditions at any time, at its discretion and without notice. YOUR USE OF THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS STIPULATED HEREIN. USAGE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
Dynamic Stone reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Site and to suspend and/or deny access to this Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Dynamic Stone does not undertake any obligation or responsibility to update or amend any such information. Dynamic Stone may discontinue or change any product or service described in or offered on this Site at any time.
All right, title and interest in this Site and any content contained herein is the exclusive property of Dynamic Stone. This Site is intended for personal, non-commercial use. You may print, copy and download any information or portion of this Site for your personal use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Site, except for the purposes expressly provided herein, without Dynamic Stone’s prior written approval. Unauthorized use of this Site and or any Dynamic Stone systems, including, but not limited to, unauthorized entry into Dynamic Stone systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Site in any manner that could damage, disable, overburden, or impair any Dynamic Stone site or service or interfere with any other party’s use and enjoyment of any Dynamic Stone site or service. You may not attempt to gain unauthorized access to any Dynamic Stone site or service, computer systems or networks connected to any Dynamic Stone site or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Site that are contrary to applicable laws or regulations.
Dynamic Stone respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the United States Copyright Office website located at http://www.copyright.gov/legislation/dmca.pdf, Dynamic Stone will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Dynamic Stone’s Copyright Agent the following information:
- Identify the copyrighted work that you claim has been infringed, or—if multiple works are covered by this Notice—you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing and provide a description of where the infringing work is located on this Website.
- Provide your mailing address, telephone number and, if available, email address.
- Include both of the following statements in the body of the Notice:
- I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
- I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Dynamic Stone to:
2933 Eisenhower Street, Suite 110, Carrollton, TX 75007, ATTN: Greg Keng
While Dynamic Stone considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. If you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.
Links To Other Sites
This Site contains links to third party Web sites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Dynamic Stone of any information contained in any third party Web site. In no event shall Dynamic Stone be responsible for the information contained on that site or your use of or inability to use such site. Access to any other Internet web site linked to the Dynamic Stone Site is at your own risk. You should be aware that linked web sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Dynamic Stone Site. Dynamic Stone is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Access and Interference
You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access this Site. Nor will you use any manual process to monitor or copy the Site or the content contained thereon for any unauthorized purpose without our prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the Site.
No Warranties / Limitation of Liability
Dynamic Stone does not warrant the quality, accuracy, or completeness of any claims, statements, or information on this site. Further, Dynamic Stone makes no representations about the suitability of any of the information contained on this Site or any other Web site for any purpose. All information is provided “as is” and “as available” without warranty or condition of any kind. In no event shall Dynamic Stone be liable for any damages whatsoever, including special, indirect, or consequential damages, arising out of or in connection with the use of content available on this Site.
Dynamic Stone does not warrant the information or services provided herein or your use of this Site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Dynamic Stone will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Site. Although the information provided to you on this Site is obtained or compiled from sources Dynamic Stone believes to be reliable, Dynamic Stone cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. You understand that Dynamic Stone does not operate or control the products, services information, advice or content offered by any third party that participates in the Dynamic Stone Site. Neither Dynamic Stone, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site, the data contained herein or the products or services offered on this Site available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Dynamic Stone or of any vendor providing software or services. In no event will Dynamic Stone or any such parties be liable to you, whether in contract, tort, negligence, or otherwise, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind even if Dynamic Stone or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Dynamic Stone cannot and does not guarantee continuous, uninterrupted or secure access to the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will Dynamic Stone’s total liability to you for all damages, losses, and causes of action, whether in contract, tort, negligence, or otherwise, exceed the amount paid by you, if any, in accessing this Site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions shall be in an appropriate state or federal court located in the City and County of Carrollton, Texas and the parties unconditionally waive their respective rights to a jury trial. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Dynamic Stone and you with respect to this Site and it supersede Dynamic Stone and you with respect to the subject matter hereof.
Dynamic Stone’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Dynamic Stone may assign its rights and duties under this Agreement to any party at any time without notice to you.
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